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| | Edward T. Swaine, Negotiating Federalism: State Bargaining and the Dormant Treaty Power, 49 Duke L. J. 1127 (2000) (Site not responding. Last check: 2007-10-31) |
 | | Early practices also began to disclose the negative, or dormant, dimension of the treaty power -- that is, the notion that the assignment of treaty functions to the Senate and President entailed the prohibition of practices interfering with these functions. |
 | | Dormant doctrines presuppose, of course, that the judiciary is not usurping federal prerogatives, but is merely preserving them for exclusive exercise by the political branches. |
 | | With the dormant Foreign Commerce Clause, the alternative to congressional authority is state authority; silence passes the baton, as it were. |
| www.law.duke.edu /journals/dlj/articles/dlj49p1127.htm (15993 words) |
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